People v. Whaley

Appellate Division of the Supreme Court of New York

People v. Whaley

78 A.D.2d 588, 434 N.Y.S.2d 904, 1980 N.Y. App. Div. LEXIS 12988

Appellate Division of the Supreme Court of the State of New York·Decided September 26, 1980·Published·Cited by 1 cases

Opinion

Judgment unanimously reversed, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: The District Attorney with commendable candor has conceded that appellant, taken into custody pursuant to an arrest warrant based on a felony complaint, may not waive his constitutional rights in the absence of counsel. Appellant’s oral statements were thus incorrectly held to be admissible, and must be suppressed (People v Samuels, 49 NY2d 218) and his plea of guilty vacated (People v Harris, 48 NY2d 208). (Appeal from judgment of Onondaga County Court—assault, second degree.) Present—Dillon, P. J., Cardamone, Schnepp, Doerr and Witmer, JJ.

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Judgment unanimously reversed, plea vacated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: The District Attorney with commendable candor has conceded that appellant, taken into custody pursuant to an arrest warrant based on a felony complaint, may not waive his constitutional rights in the absence of counsel. Appellant’s oral statements were thus incorrectly held to be admissible, and must be suppressed (People v Samuels, 49 NY2d 218) and his plea of guilty vacated (People v Harris, 48 NY2d 208). (Appeal from judgment of Onondaga County Court—assault, second degree.) Present—Dillon, P. J., Cardamone, Schnepp, Doerr and Witmer, JJ.

People v. Whaley, 78 A.D.2d 588, 434 N.Y.S.2d 904, 1980 N.Y. App. Div. LEXIS 12988 (N.Y. Ct. App. 1980).

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